Does a family member or close friend need
assistance managing their financial lives or daily living situation due to
incompetence or special needs? This is a difficult time for most families and
friends, but a specific legal tool can help. Conservatorships are designed to
provide a caring and competent person who can protect the conservatee and help
them live life to the fullest possible.
What is a conservatorship, and how can you
pursue one? Learn a few key answers.
What Is a Conservatorship?
A conservatorship is a court appointment of
an individual or agency to make certain decisions for a person (the
conservatee) who cannot make these decisions due to lack of capacity. This most
often occurs when an older family member has lost the ability to manage their
own life due to mental health declines such as Alzheimer's or dementia. It can
also assist an adult of any age who has special needs.
In limited situations, a conservatorship
can provide care for an adult who suffers from temporary or permanent mental health
issues - primarily one who is in a mental health facility under a doctor's
care.
What Decisions Are Made By a
Conservator?
Conservatorships in California can be
general or limited. A general conservator is authorized and responsible to make
many decisions for the person, while limited conservators can only make
decisions within certain bounds.
For instance, one of the most common
limited conservatorships is a financial one. In this situation, the conservator
may be authorized to invest the conservatee's assets, pay their bills, sign
contracts, or handle insurance matters. This conservator, though, would not
necessarily be able to decide where the conservatee lives or consent to medical
treatment.
How Long Does a Conservatorship Last?
Many conservatorships don't expire until
one of two things occurs. First, the court can order an end to the arrangement
because the need no longer exists or the conservator has not fulfilled their
role. Second, the legal conservatorship ends when the conservatee passes away.
Some conservatorships are temporary in
nature, though, and automatically expire. A special category to aid those with
mental health issues - known as Lanterman-Petris-Short (LPS)
conservatorship - usually expires after one year and must be reevaluated by a
judge.
What Is the Process for Appointment?
Because a conservator is appointed by the
courts, you would need to file a petition in your state. In California, as in
most states, preference for the role of conservator is generally given to
family members, although others could be appointed if necessary. As part of the
petition, the court would investigate the petitioner to ensure they would be a
good choice.
A conservatorship's aim is generally to
provide for the best interests of the conservatee while allowing them as much
independence as possible. For this reason, the petitioner would need to
demonstrate that no better alternatives are available than the conservatorship.
Often, reports from doctors or similar medical providers would provide the
evidence for this assertion.
Do You Need an Attorney to File?
Like many legal matters, you may be able to
file a petition for conservatorship on your own, but this isn't usually
advisable. Most Americans are unfamiliar with the idea of conservatorship as
well as the process for becoming one. You will also need to learn what your
responsibilities are if you do get appointed.
The best course of action in this unusual
and often emotional circumstance is to consult with an experienced family law
attorney as early as possible. The Law Office of Carla D. Allen
is ready to help. Our legal team has more than 17 years of experience helping
California families find the right solutions for their loved ones. Call today
to learn how we can help you.
